Australian cricketer Luke Pomersbach,arrested on charges of molesting Zohal Hamid,an American woman in a hotel last night,was today granted interim bail for a day by a Delhi court.
There was drama during the 30-minute proceedings,when the 27-year-old batsman,playing for Royal Challengers,Bangalore,in the IPL,complained of uneasiness and fainted while the victim broke down when she narrated the incident.
Policemen took him outside the court room and gave him water after which he regained composure to come back to the court room made stuffy by the crowd of lawyers,journalists and onlookers.
Pomersbach,who has had a history of brawls and brush with police in his country, and accused of outraging the modesty of a woman here last night after a post-match party,was granted relief by Metropolitan Magistrate Navita Kumari Bagha till tomorrow.
The Magistrate directed the Delhi Police to bring the CCTV footage from the hotel tomorrow along with the medical records showing the nature of injury caused to the Zohal Hamid’s fiance Sahil,who is admitted in ICU in a private hospital here after being allegedly beaten by Pomersbach.
“The accused is granted interim bail till tomorrow,” the magistrate said. Bring the CCTV footage of the hotel and the doctors opinion about the nature of the injuries sustained by him (the woman’s fiancee Sahil),” the court said.
During the hearing,the court asked the Delhi police as to why they had not secured the CCTV footage of the hotel.
Delhi Police had sought that the court should sent the cricketer into judicial custody.
The woman narrated the sequence of the event saying that she was with her fiance and Pomersbach forcibly entered their room in the hotel to have drinks and molested her.
“Sahil only told him ‘please leave the room’ and he (Pomersbach) turned and started assaulting him and punched him (Sahil) several times on his face,” she said.
Delhi Police submitted that Pomersbach misbehaved with the woman and assaulted Sahil,who received injury.
The woman told the court that despite being beaten severely the case has been registered under section 323 of the IPC for simple hurt.
“The injuries are grievous and the police have charged him just under Section 323 of the IPC.. Sahil was beaten so badly that he is in the ICU,” the woman told the court.
Advocate Neeraj Chaudhary,who appeared for Pomersbach,vehemently opposed the police version and said that Sahil has not not been admitted to the ICU and Pomersbach was instead beaten up by him.
“Pomersbach was beaten up by Sahil in the room. There was no previous rivalry between them. They (Sahil and the woman) had invited Pomersbach to their room,” the counsel said adding that his client was not carrying any arms with him.
On this,the woman said,”for molestation,you do not need a pistol or any other arms.”
The woman told the court that after the Royal Challengers,Bangalore,won the IPL match yesterday,a party was going on at the hotel where she was with Sahil.
She said Pomersbach “tagged” along with them and said that he wanted to come for drinks with them. When he came she went to her bedroom to sleep but Pomersbach came from behind and tried to kiss her on which Sahil intervened and asked the cricketer to go out.
At this,Pomersbach assaulted Sahil and beat him up
“Sahil is very serious and is admitted to the ICU. He (Sahil) just tried to save me and that is how he was hurt,” she said.
Counsel for Pomersbach,however,denied the allegation and said that the cricketer has also got his hand fractured in the last night’s incident.
He said that Pomersbach was invited by Sahil and his
fiancee to their room and they had gone there together.
“Why the police has not taken the CCTV footage of the hotel. It will be crystal clear from the footage that whether Pomersbach had gone there forcibly or they (Sahil and his fiance) had taken him with them,” the lawyer said.